NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101 Hearing dates: 8 August 2013 Decision date: 08 August 2013 Before: McCallum J Decision: Pleadings as against the first and sixth defendants struck out with leave to replead; plaintiff directed to serve any notice to the sixth defendant to answer interrogatories as to publication within two weeks; sixth defendant to answer interrogatories subject to any further objection within a further two weeks; plaintiff to serve any proposed amended statement of claim within a further two weeks. Catchwords: DEFAMATION - publication - where sixth defendant a minor contributor to matter complained of - inadequacy of pleading of publication as a publisher of the whole article - pleading of oral publication - where not purporting to be whole account of any single conversation - attempt to plead collection of statements attributed to sixth defendant from various sources.
INTERROGATORIES - whether necessary or a 'fishing expedition' by plaintiff - whether plaintiff required to exhaust all opportunities to ascertain terms of oral publication before leave will be granted to interrogate as to publication. Legislation Cited: Civil Procedure Act 2005 Civil Procedure Rules 2005 Cases Cited: Atkinson v Fosbroke (1866) LR 1 QB 628 Dank v Whittaker (No 1) [2013] NSWSC 1062 Russell v Stubbs Ltd (1913) 2 KB 200 Category: Interlocutory applications Parties: Stephen Dank (plaintiff) Cronulla-Sutherland District Rugby League Football Club Ltd (first defendant) Nine Network Australia Pty Ltd (second defendant) Peter Overton (third defendant) Phil Rothfield (fourth defendant) Sarah Harris (fifth defendant) Damien Irvine (sixth defendant) Representation: Counsel: R Rasmussen (plaintiff) P Wass (first and sixth defendants) Second, third, fourth and fifth defendants excused from appearing Solicitors: Cambridge Law (plaintiff) Moray & Agnew (first and sixth defendants) Johnson Winter & Slattery (second, third and fifth defendants) Ashurst Australia (fourth defendant) File Number(s): 2013/092779 Publication restriction: None
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